Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit shortly after the Capitol protests, requesting access to a phone call between House Speaker Nancy Pelosi and General Mark Milley.
The call was exposed in a letter from Pelosi to Democratic lawmakers, in which she outlined an effort to prevent a “unhinged” President Trump from gaining access to the nuclear codes at the time.
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According to Judicial Watch, the Department of Defense has yet to respond to their FOIA request, which was submitted on January 11th.
If Speaker Pelosi’s account of her conversation with General Milley is accurate, it sets a dangerous precedent that could jeopardize the president’s position as commander in chief and the separation of powers, according to Judicial Watch President Tom Fitton.
“The aim of our latest litigation is to find out the facts about the call.”
BREAKING: Judicial Watch announced that it has filed a FOIA lawsuit against the DOD for records about House Speaker Nancy Pelosi’s January 8, 2021, telephone call with Chairman of the Joint Chiefs of Staff Mark Milley (1/3). https://t.co/yfWSaGIkNU
— Judicial Watch ⚖️ (@JudicialWatch) March 9, 2021
After the Defense Department refused to respond to a FOIA request for all information relating to the call, including transcripts and videos, the complaint was filed.
The request also asked for some communications between Pelosi and Milley from just before the election until now.
Pelosi confessed to speaking with Milley about stopping Trump from obtaining the nuclear codes during the Capitol riot in early January.
Pelosi said she discussed “available safeguards for preventing an unstable president from launching military hostilities or accessing the launch codes and ordering a nuclear strike” with Milley.
“This unhinged President’s condition could not be more dangerous,” she cautioned, “and we must do all we can to protect the American people from his unbalanced attack on our nation and democracy.”
In this case, who was more insane: Trump for demanding election integrity or Pelosi for suggesting Trump could launch a nuclear attack for no reason?
— Tom Fitton (@TomFitton) January 9, 2021
The activities of House Speaker Nancy Pelosi were characterized by the Wall Street Journal as “a coup of Pelosi’s own.”
They wrote, “Mrs. Pelosi’s call to Gen. Milley is itself a breach of the separation of powers by attempting to intervene in an executive-branch military decision.”
“It may also be construed by others as its own little coup—conniving with the military to strip the elected President of command.”
Nearly three dozen House Democrats on Monday called on Biden to relinquish his sole authority to launch nuclear weapons, in the latest appeal to reform the command-and-control structure so that no single person can initiate a nuclear war https://t.co/AOIHaYf1b4 pic.twitter.com/OSKJ64d3cW
— POLITICO (@politico) February 23, 2021
Apart from Pelosi’s attempted coup against former President Trump, House Democrats are now demanding that President Biden relinquish sole command of the country’s nuclear arsenal.
However, even this effort to give Congress partial authority is a thinly veiled assault on Trump.
A letter from Democratic lawmakers to Biden reads, “Past presidents have tried to strike other countries with nuclear weapons or displayed actions that prompted other officials to express doubt about the president’s judgment.”
The letter’s footnotes alluded to Trump’s supposed “threat” to nuke North Korea, which he has left open as an option for re-election in 2024.
It would be important to see if Judicial Watch is given access to see what steps Pelosi and Milley took to keep the Commander-in-Chief from gaining access to nuclear codes.
If something happened during that period, it may have been a serious threat to national security.